Justice Reform Initiative Media Release, 25 March 2025

The Northern Territory Government’s plan to reinstate mandatory sentencing for domestic violence offences is a knee-jerk approach that will not work to keep women and families safe in the long term.

While urgent action is needed to address domestic and family violence in the NT, politicised law reform—particularly measures that increase incarceration without tackling the root causes of offending—risks doing more harm than good.

The Justice Reform Initiative’s NT Coordinator, Kirsten Wilson, said the plan was unlikely to prevent domestic violence and signalled a worrying escalation of the Government’s misguided ‘tough on crime’ approach. While such policies make good headlines, they lack the evidence-based consideration necessary for meaningful change.

She said the CLP Government, which is set to introduce these changes as part of broader amendments to domestic and family violence and victims of crime legislation in Parliament on Wednesday, needed to recognise both the failure of imprisonment to address the drivers of offending, and the evidence that shows very clearly that mandatory sentencing does nothing to deter crime.

“There is a clear need for urgent measures to keep women and families safe in the NT – both in the short and longer term. But it is difficult to see how mandatory sentencing – which removes judicial discretion – will either improve women’s safety or address the social drivers of domestic and family violence,” Ms Wilson said.

“The evidence shows us that imprisonment increases the risk of reoffending and often entrenches underlying issues by worsening employment prospects, health outcomes, and cutting people off from their community. Mandatory sentencing prevents courts from considering these factors, often leading to unintended and damaging consequences.”

“We need a comprehensive and well-considered approach—one that prioritises crime prevention and genuinely keeps women and families safe. In the NT, where incarceration rates are at record highs and overcrowded prisons limit access to rehabilitation, mandatory sentencing is not the answer.”

The NT remains Australia's most imprisoned jurisdiction, with an incarceration rate three times greater than anywhere else in Australia – and that number continues to rise due to punitive legislative settings. It also has the highest recidivism rate, with six out of ten prisoners returning to jail within two years of release.

Fellow NT Coordinator Rocket Bretherton urged the NT government to shift its focus toward supporting frontline services that address the causes of violent behaviour and explore alternatives to imprisonment to ensure women’s safety.

She cautioned that rushed changes to sentencing laws can have further unintended consequences if they aren’t carefully considered. 

“Mandatory sentencing has been shown to increase women’s incarceration rates alongside men’s and disproportionately impact First Nations women,” Ms Bretherton said.

“The NT Government must learn from past mistakes and ensure that any legislative changes to address domestic and family violence do not further harm vulnerable populations.”

“The Government must also understand that law reform is only ever a small part of shifting a structural and social problem and any changes to legislation must be balanced with greater and targeted investment in community programs and First Nations-led initiatives that work to address offending behaviours – and keep women and families safe – in the long term.”

For more information visit https://www.justicereforminitiative.org.au

Media contact:  Amy Price 0437 027 156

The Initiative respectfully acknowledges and supports the current and longstanding efforts of Aboriginal and Torres Strait Islander people to reduce the numbers of Indigenous people incarcerated in Australia and, importantly, the leadership role which Indigenous-led organisations continue to play on this issue. We also acknowledge the work of many other individuals and organisations seeking change, such as those focused on the rate of imprisonment for women, people with mental health issues, people with disability and others.